Babasaheb Tulshiram Late Died Lrs ... vs The State Of Maharashtra And Ors
2017 Latest Caselaw 7829 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                AURANGABAD BENCH, AURANGABAD


                 FIRST APPEAL NO. 3868 OF 2017


Mahadeo s/o Haribhau Shinde
age 52 yrs. Occ. Agril.
r/o Kedarwakadi, Tq. Mantha,
Dist. Jalna                               ... Appellant
                                          Orig. Petitioner

                 VERSUS

1] The State of Maharashtra,
    through Collector, Jalna,

2] The Special Land Acquisition Officer,
    Minor Irrigation Works, Jalna,

3] The Executive Engineer, 
    Nimna Dudhana Project, Sailu,
    Dist. Parbhani                ... Respondents 


                               WITH

                 FIRST APPEAL NO. 3869 OF 2017


Sakhubai w/o Tukaram Shinde,
age 52 years, occ. Agril.,
R/o Kedarwakdi, Tq.Mantha,
District Jalna.                           ... Appellant
                                          Orig. Petitioner

                 VERSUS

1] The State of Maharashtra,
    through Collector, Jalna,
    District Jalna,




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2] The Special Land Acquisition Officer,
    Minor Irrigation Works, Jalna,

3] The Executive Engineer, 
    Nimna Dudhana Project, Sailu,
    Dist. Parbhani                ... Respondents


                 FIRST APPEAL NO. 3285 OF 2017


Balasaheb s/o Tulshiram Late
(died L.Rs.)
1] Sarubai w/o Babasaheb Late,
   age major, occ. Agril.,
   r/o Kedarwakadi, Tq.Mantha,
   Dist. Jalna,

2] Sudhakar s/o Babasaheb Late,
   age major, occ. Agril.,
   r/o as above,

3] Kamlakar s/o Babasaheb Late,
   age major, occ. Agril.,
   r/o as above                   ... Appellants
                               Orig. Petitioners

                 VERSUS

1] The State of Maharashtra,
    through Collector, Jalna,
    District Jalna,

2] The Special Land Acquisition Officer,
    Minor Irrigation Works, Jalna,

3] The Executive Engineer, 
    Nimna Dudhana Project, Sailu,
    Dist. Parbhani                ... Respondents




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                 FIRST APPEAL NO. 3287 OF 2017

Sheshrao s/o Thavra Rathod,
age 42 years, occ. Agril.,
r/o Kedarwakadi, Tq.Mantha,
Dist. Jalna,                      ... Appellant
                               Orig. Petitioner

                 VERSUS

1] The State of Maharashtra,
    through Collector, Jalna,
    District Jalna,

2] The Special Land Acquisition Officer,
    Minor Irrigation Works, Jalna,

3] The Executive Engineer, 
    Nimna Dudhana Project, Sailu,
    Dist. Parbhani                ... Respondents


                 FIRST APPEAL NO. 3288 OF 2017

Kundlik s/o Ashroba Kavhale,
age 43 years, occ. Agril.,
r/o Kedarwakadi, Tq.Mantha,
Dist. Jalna,                             ... Appellants
  
Orig. Petitioners
         VERSUS

1] The State of Maharashtra,
    through Collector, Jalna,
    District Jalna,

2] The Special Land Acquisition Officer,
    Minor Irrigation Works, Jalna,

3] The Executive Engineer, 
    Nimna Dudhana Project, Sailu,
    Dist. Parbhani                ... Respondents




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                       .....
Mr. Kailas B. Jadhav, advocate for the appellants
Mr. A.M.Phule, Mr. B.A.Shinde, Mr. S.S.Dande 
A.G.P. for respondent nos. 1 and 2
Mr.S.G.Bhalerao, Mr. S.C.Arora, advocate for 
respondent no.3
                      ..... 

                                  CORAM : K.L.WADANE, J.
      
                               Reserved On        : 26.09.2017
                               Pronouncement on   : 05.10.2017

J U D G M E N T  :

Heard Mr. K.B.Jadhav, learned counsel

appearing on behalf of the appellants in all

Appeals.

2. First Appeal Nos. 3868 and 3869 of 2017

have been already admitted by this Court on

9.8.2017 and are pending.

There are connected First Appeal Nos.

3285, 3287 and 3288 of 2017. Admit.

Mr. A.M.Phule, Mr. B.A.Shinde and

S.S.Dande learned A.G.P. for respondent nos. 1 and

2 and Mr. S.C.Bora, learned counsel for respondent

no.3 waive service of notice on admission in above

appeals.

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3. With the consent of learned counsel for

the parties, the appeals are taken up for final

hearing.

The parties are referred by their original

status.

4. The present appeals are filed by the

appellants for enhancement of compensation awarded

to them by the learned District Judge-2, Jalna by

judgment and award, passed in Land Acquisition

Reference Nos. 41 of 2001 and No. 202 of 2002 on

22.8.2008, and in Land Acquisition Reference Nos.

23 of 2001, 338 of 2002 and No. 38 of 2001 on

25.7.2008. Lands of the appellants in all the

appeals were acquired for Nimna Dudhana Project

from the village Kedarwakadi, Taluka Mantha,

District Jalna.

5. The appellants in First Appeal Nos. 3868

and 3869 of 2017 claimed that their lands acquired

for the said project were of irrigated, non-

irrigated with fruit bearing trees. In First

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Appeal Nos. 3285, 3287 and 3288 of 2017, the

appellants claimed that their lands acquired for

the said project were of non-irrigated/Jirayat

lands. Therefore, the claim of the appellants is

to be determined as per their categorization of

the acquired lands.

6. The evidence in support of claim of the

claimants/appellants is considered in Land

Acquisition Reference No. 181 of 2001 as the basis

for deciding other Land Acquisition References.

Hence, the said evidence is adopted for decision

of these appeals.

7. It was the case of the appellants before

the Special Land Acquisition Officer that Lands

owned by the appellant situated at village

Kedarwakadi, Taluka Mantha, District Jalna are

irrigated, non-irrigated with fruit bearing trees

in First Appeal Nos. 3868 and 3869 of 2017 and

non-irrigated/Jirayat in First Appeal Nos. 3285,

3287 and 3288 of 2017. As aforesaid, lands were

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acquired by the respondents for Nimna Dudhana

Project. Notification under Section 4(1) of the

Land Acquisition Act, 1894 (for short, 'the Act')

was published in the Maharashtra Government

Gazette on 13.5.1995. Notice under Section 12(1)

of the Act was issued on or about 2.6.1999. The

possession of the acquired lands and other

structures and trees were taken on different dates

as per the documents produced on record and

payment of compensation was made on or about

2.6.1999, which was accepted by the petitioner

under protest.

8. The Special Land Acquisition Officer has

awarded total compensation for the lands acquired

of the respective appellants at the rate of

Rs.1,800/- per Are in First Appeal Nos. 3868 and

3869 of 2017 and Rs.1,200/- per Are in First

Appeal Nos. 3285, 3287 and 3288 of 2017 and for

Potkharab land at the rate of Rs.600/- per Are as

follows : -

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In Land acquisition Reference No. 41 of

2001 for land 1 Hectare 06 Are from Gut No. 43/1C,

the claimants claimed compensation before the

Special Land Acquisition Officer Rs. 2,07,112/-

and the Special Land Acquisition Officer has

awarded total compensation of Rs. 1,10,888/-.

In Land acquisition Reference No. 202 of

2000 for land 0.35 Hectare from Gut No. 43/2A, the

claimants claimed compensation before the Special

Land Acquisition Officer Rs. 1,10,567/- and the

Special Land Acquisition Officer has awarded total

compensation of Rs. 38,903/-.

In Land acquisition Reference No. 23 of

2001 for land 0.82 Hectare from Gut No. 7/4, the

claimants claimed compensation before the Special

Land Acquisition Officer Rs. 82,935/- and the

Special Land Acquisition Officer has awarded total

compensation of Rs. 53,792/-.

In Land acquisition Reference No. 338 of

2002 for land 1.24 Hectare from Gut No. 22/4B, the

claimants claimed compensation before the Special

Land Acquisition Officer Rs. 1,50,000/- and the

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Special Land Acquisition Officer has awarded total

compensation of Rs. 82,366/- including for

Potkharab land 0.02 Hectare.

In Land acquisition Reference No. 38 of

2001 for land 4.43 Hectare from Gut No. 10/1, the

claimants claimed compensation before the Special

Land Acquisition Officer Rs. 4,07,667/- and the

Special Land Acquisition Officer has awarded total

compensation of Rs. 3,01,883/- including potkharab

land of 0.10 hectare.

9. Being aggrieved by the amount of

compensation awarded by the Special Land

Acquisition Officer, the appellants preferred

Applications under Section 18 of the Act to the

Collector, Jalna, who forwarded it for

adjudication to the District Judge, Jalna. Before

Reference Court, the appellants claimed

compensation at the rate of Rs.2,00,000/- per

hectare for non-irrigated land, Rs.3,00,000/- for

seasonally irrigated land and Rs.4,00,000/- for

perennially irrigated land including consequential

10 fa3868.17

benefits such as solatium, component and interest

as provided under the Act. The claimants also

claimed additional compensation for trees and well

in their acquired lands.

10. Common grounds raised by the appellants

before the Reference Court were that the the

Special Land Acquisition Officer has not

considered the quality of land, fertility and

advantageous situation. No legal inquiries were

made. The appellants claim that the Special Land

Acquisition Officer has not considered the income

of the lands. The respondents have totally ignored

the factors required to be considered while

determining the compensation as provided under

Section 23 of the Act. The method compared and

adopted of the ready recknor is unsuitable for

awarding just compensation to the petitioners.

The sale instances considered by the Special Land

Acquisition Officer did not reflect correct and

proper market value of the acquired lands.

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11. Petitioners have also submitted that

village Kedarwakadi is connected to Bageshwari

Sahakari Sakhar Karkhana. The lands acquired of

the petitioners were fertile lands. The Special

Land Acquisition Officer ought to have awarded

compensation at the rate of Rs.25,000/- to

Rs.30,000/- per Are. Thus, the petitioners have

prayed to grant enhanced compensation for their

lands acquired.

12. The State/respondents resisted the claim

contending that the enhancement in compensation

claimed by the petitioners is exorbitant and

liable to be rejected. The Special Land

Acquisition Officer has properly considered the

situation of lands under acquisition and assessed

the market price for determining the compensation

by considering the other factors on the date of

Section 4 notification. The Special Land

Acquisition Officer has classified the lands on

the basis of its quality of soil assessment and

other factors. The Special Land Acquisition

12 fa3868.17

Officer has also considered the genuine sale

instances. The award passed by the Special Land

Acquisition Officer is based upon sound and cogent

reasons. The amount of compensation awarded is

adequate and hence, the respondents contended that

the petitioners are not entitled for enhanced

amount of compensation. Thus, the respondents have

prayed that the Applications deserve to be

dismissed.

13. Reference Court has observed in the

judgment that the petitioners have not produced

and proved the valuation report in support of

their claim for fruit bearing trees. No expert

opinion as mentioned in the petition as regards

additional compensation for well is produced on

record. Hence, no separate amount of compensation

is granted by the Reference Court in respect of

well and trees.

14. Considering the oral and documentary

evidence produced on record, the Reference Court

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held that the compensation awarded by the Special

Land Acquisition Officer is inadequate, and

therefore, the petitioners in First Appeal Nos.

3868 and 3869 of 2017 are entitled for enhanced

compensation at the rate of Rs.1,800/- per Are for

their irrigated/non-irigated lands with fruit

bearing trees and in First Appeal Nos. 3285, 3287

and 3288 of 2017 the petitioners are entitled for

compensation at the rate of Rs.1,200/- per Are for

their non-irrigated/Jirayat lands, with other

benefits considering the crop inspection column of

7/12 extracts. Reference Court granted the amount

of compensation as below : -

__________________________________________________ LAR No Gut No. Area Ref. Court SLAO Diff.

               H. Are   awarded    awarded

41/01          43/1C           1.06   190800         110888          79912

202/00 43/2A                   0.35    63000          38903          24097

23/01          7/4             0.82    98400          53792          44608 

338/02 22/4B                   1.24   148000          82336          67634

38/01          10/1            4.43   531600      301683  235767





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15. The present appeals are filed by the

claimants seeking enhancement in the amount of

compensation awarded by the Reference Court.

16. I have heard the arguments of both the

learned counsel for the parties and perused the

oral and documentary evidence produced on record.

17. Learned counsel for the appellants

contended that the award under challenge is

erroneous and is passed without proper

appreciation of evidence on record. The amount of

compensation awarded by the Reference Court is

very meagre, insufficient, inadequate looking to

the quality of lands, fertility and advantages

situation. The Reference Court ought to have

enhanced the compensation properly for the

acquired lands.

18. Learned counsel for the appellants

produced on record the judgment delivered by this

Court in First Appeal No. 2649 of 2017 along with

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group of appeals, decided on 31.8.2017 arising out

of the Land Acquisition References in respect of

the lands acquired from village Kedarwakdi, Taluka

Mantha, District Jalna for Nimna Dudhana Project.

19. I have gone through the said judgment.

This Court held that appellants in those appeals

are entitled for compensation for the acquired

lands at the rate of Rs.1,500/- per Are for non-

irrigated lands, Rs./2250/- per Are for semi-

irrigated lands and Rs.3,000/- per Are for

perennially irrigated lands along with the

statutory benefits and interest on the enhanced

amount of compensation as per provisions of the

Act in respect of the lands acquired from village

Kedarwakdi, Taluka Mantha, District Jalna for

Nimna Dudhana Project. As stated above in First

Appeal Nos. 3868 and 3869 of 2017 the lands of

appellants are irrigated/non-irigated lands with

fruit bearing trees and in First Appeal Nos. 3285,

3287 and 3288 of 2017 the lands of appellants are

non-irrigated/Jirayat lands. Therefore, the

16 fa3868.17

appellants in First Appeal Nos. 3868 and 3869 of

2017 are entitled for enhanced compensation for

their acquired lands at the rate of Rs.2,250/- per

Are and in First Appeal Nos. 3285, 3287 and 3288

of 2017 the appellants are entitled for enhanced

compensation for their acquired lands at the rate

of Rs.1,500/- per Are.

20. In the result, I pass following order.

             (i)     Appeals are partly allowed. 

             (ii)     The   market   value   of   the   lands 

involved in the present appeals shall be

determined as per their categorization.

The appellants in First Appeal Nos.

3868 and 3869 of 2017 are entitled for

enhanced compensation for their

acquired lands at the rate of

Rs.2,250/- per Are and in First Appeal

Nos. 3285, 3287 and 3288 of 2017 the

appellants are entitled for enhanced

compensation for their acquired lands

at the rate of Rs.1,500/- per Are.

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             (iii)     The appellants are held entitled 

to the statutory benefits and interest on

the enhanced amount of compensation in

accordance with the provisions of the Act.

Interest under Section 34 of the Act shall

be paid from the date of Award under

Section 11 of the Act even on the amount

of compensation awarded by the Reference

Court.

(K.L.WADANE, J.) dbm